Secretary of State for Defence (Ministry of Defence)

1. The complainant has requested information from the Ministry of Defence (“MOD”) regarding the deaths of Locally Employed Civilians (LECs) in Afghanistan. The MOD originally relied on sections 26, 38 and 40 of FOIA to refuse part of the request, however it has subsequently withdrawn its reliance on section 26 in respect of part 3 of the request and has instead relied on section 12 of FOIA (cost of compliance).
2. The Commissioner’s decision is that the MOD was entitled to rely on section 12(1) of FOIA to refuse to disclose the information in respect of part 3 of the request. The Commissioner also finds that the MOD complied with its section 16 obligation to offer advice and assistance.
3. The Commissioner does not require further steps to be taken.